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Couch Watch Terms & Conditions

Terms and Conditions for Sunday Night Takeaway's Couch Watch.

Chris and Julia’s Sunday Night Takeaway– Series One –“Couch Watch” Registration Terms & Conditions

22 FEB 2019

By attending one of the pre-determined locations shown during the broadcast of “Chris and Julia’s Sunday Night Takeaway- Series One” (“Programme”) and formally registering with us (“Register(ing)/Registration/Registered”and other derivatives of the same) in order to take part in the feature entitled “Couchwatch” (“Feature”) you hereby agree to the following terms and conditions(“Terms and Conditions”):

  1. GENERAL

1.1. ITV Studios Australia Pty Limited (“we”,“us”, “our”) intends, but does not undertake, to produce the Programme for initial transmission by Network Ten Pty Limited ("Broadcaster"). The Feature shall be incorporated into and form part of the Programme. 

1.2. These Terms and Conditions form part of your Registration to take part in the Feature.

1.3. These Terms and Conditions may be amended at any time without prior notice. Any changes will be posted on the Broadcaster’s website. It is your responsibility to ensure you review these Terms and Conditions before applying to take part, and we recommend that you print and store or save a copy of these Terms and Conditions for future reference. 

1.4. We do not represent that we will produce or broadcast any episode of the Programme or to include your participation in the Feature and/or Programme. 

1.5. Our right to terminate or modify the Feature and/or the Programme at our sole discretion is strictly reserved.

1.6. You undertake that by making your Registration for the Feature that you meet the following eligibility requirements:

1.6.1.  you are 18 (eighteen) years old or over;

1.6.2.  only one (1) person per household or group shall be allowed to Register for the Feature; and

1.6.3.  you are not:

  1. currently employed by us or the Broadcaster and have not been previously employed by us, the ITV Group (defined below) of companies or the Broadcaster within the last 10 (ten) years preceding the date of your first appearance in the Program; or
  2. a live-in partner or immediate relative (for example, mother, father, son, daughter, brother or sister) of an employee of ours or the Broadcaster or the ITV Group (defined below); or
  3. professionally associated with us or the Programme;

ITV Group means us and each of our related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)); each of their respective directors, officers, employees, contractors and agents, both past and present, and each of their respective assignees and licensees.

(the above shall be collectively defined as the “Eligibility Requirements”).

1.7. If any of the information you provide to us as part of your Registration or in any subsequent correspondence that you enter into with us changes, you agree to promptly inform us of any such changes. 

  1. THE FEATURE

2.1 This is a game of chance competition.

2.2. The presenter(s) of the Programme (“Presenter(s)”) will make an announcement during a broadcast of an episode of the Programme asking viewers if they recognise a pre-determined location where a sofa or other form of seating has been placed by us (“Location”) and that if they do recognise the Location, inviting them to attend one of the Location and Register to take part in the Feature.

2.3 If a viewer meets the Eligibility Requirements and and Registers at the Location before 8.30pm or whenever 70 players have registered (whichever comes first) (“Deadline”) they will, at our sole discretion, be invited into the specific area of the Location which features the sofa or other form of seating as a Registered entrant for the Feature ( “Registered Attendee”).

2.4 The Registered Attendee will be allocated a number and may then be in with a chance of being chosen to complete a challenge to win a prize of AUD$2000 (two thousand Australian dollars) (“Prize”). You understand that by being in attendance at a Location does not guarantee that you will be Registered before the Deadline. We reserve the right to formally announce the exact identity of the Location(s) during the Programme at our sole discretion if we subsequently deem that the viewers or too few viewers are unable to determine the exact identity of the Location(s). If applicable, if more than one person from a household or group is in attendance at a Location, then the household or group will need to nominate 1 (one) member from their household or group to Register for the Feature and that 1 (one) Registered person may be the only one who is allocated a number by us. The Registered person must be 18 years of age or over.

2.5. Subject to the restrictions set out in Clause 2.4, people attending one of the Location(s) seeking to be Registered for the Feature will only be Registered for the Feature provided they meet the Eligibility Requirements and comply with these Terms and Conditions. For the avoidance of doubt, people attending the Location, but who have not/are not Registered for the Feature may still be invited into the Location area to feature solely as an on-screen contributor of the Feature without being a Registered Attendee for the Feature.

2.6. We reserve the right to stop Registering people for the Feature and/or stop admitting people into the specific area of the Location where the couch or other form of seating has been set up (i) after the Deadline has passed; and/or (ii) as and when we reasonably deem it no longer practicable for us to admit and/or Register any more people into/at a Location (including, without limitation, where health and safety concerns prevent us from admitting/Registering any more people into/at a Location): and/or (iii) if any inappropriate or threatening behaviour is displayed, and/or (iv) if the maximum amount of registered players  has been met. If the maximum number of players has not been reached and production requirements allow, we reserve the right, in our absolute discretion to keep registrations open.

2.7. After the Deadline has passed:

2.7.1. the Presenter(s) will return to the Location and to those Registered Attendees at the Location;

2.7.2. one Registered Attendee from the Location will then be revealed by the Presenter(s) using numbers which correspond to the numbered paddles allocated to each Registered Attendee at Registration. That Registered Attendee will be the winner of the Prize (“Winner”).

2.8 In order to receive the Prize, the Winner must sign a Prize Acceptance letter and agree to the terms and conditions of that letter.   

2.9    We reserve the right to request the Winner to provide proof of identity, in order to claim the Prize. In the event that the Winner cannot provide suitable proof, the Winner will forfeit the Prize in whole and no substitute will be offered.

2.10. The Winner agrees that the Prize may be subject to change at any time including at our sole discretion. 

2.11. The Winner agrees that in no event shall he/she look to us in respect of any warranties or guarantees relating to the Prize or hold us in anyway liable for the suitability of the Prize.

2.12. In the event of any error and/or failure of any nature whatsoever affecting the manner in which the Feature and/or Programme is produced, the outcome of the Feature , our decision with respect to the handling of such error and/or failure including, but not limited to the selection of the Winner for the Prize shall be final. 

2.13. The Winner’s failure or refusal to accept the Prize shall constitute a forfeiture of the Prize and the Winner shall release the Broadcaster, prize supplier and us of all obligations in connection with such Prize .

2.14 The Prize is non-transferable, non-negotiable with no alternative, unless agreed by us.

2.15 The Winner recognises that the Prize may have tax implications and that the Winner is responsible for seeking their own tax advice and for reporting any monies earned to the Australian Taxation Office.

2.16 Subject to clause 2.8, the Prize will be paid to the Winner via EFT, into the Winner’s nominated bank account.

3. YOUR OBLIGATIONS

3.1. When attending one of the Locations at no point should you endanger yourself or others, take any unnecessary risks or infringe any laws. 

3.2. You agree to abide by the rules and regulations of the Challenge and/or Feature and/or Programme as shall be notified to you in writing or verbally. You accept that we may vary such rules and regulations from time to time and that our decisions in this matter are final.

3.3.  You understand that if you are chosen as the Winner of the Prize we may ask you to make full disclosure to us of any criminal conviction(s) you may have, any on-going criminal proceedings or investigations which you are the subject of as well as any Court Judgments made against you (if any) and we reserve the right to carry out background checks to verify this information carried out by third party organisations. Disclosure of criminal convictions, current criminal proceedings and/or Court Judgments may not automatically exclude you from taking up the Prize but we shall be entitled to exercise our sole discretion in this regard. In all cases our decision shall be final. If we later discover that you have criminal convictions or Court Judgments you have not informed us about previously when asked, you accept that reference may be made to these convictions and/or judgments publicly.

3.4. You warrant that you comply with each of the Eligibility Requirements and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided in your Registration.

3.5. You agree, that if you are included in the Feature, to sign a further agreement at our request and you shall promptly execute and deliver such agreement and perform such acts and complete any other documentation as may be required for the purpose of giving full effect to the agreement.

3.6. You warrant that you will:

3.6.1. not (or attempt to) cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome of the Feature;

3.6.2. not infringe the copyright or any other right of any third party; 

3.6.3. not breach any contract or duty of confidence; 

3.6.4. not constitute a contempt of court or expose us to any civil or criminal proceedings; 

3.6.5. not bring us or any other party into disrepute; 

3.6.6. not bring onto, nor have in your possession at the Location(s) any illegal drugs, weapons (whether legal or illegal), or other illicit items, as we may determine in our sole and absolute discretion; 

3.6.7. not engage in any illegal or potentially illegal activities(including but not limited to drug use or violence) at the Location(s) or elsewhere; 

3.6.8. not take any alcohol or medication in such amounts as shall or may adversely affect your ability to provide your participation in the Feature or may cause your behaviour to become threatening and/or abusive to others involved in the Feature and/or Programme or at the Location(s); and

3.6.9. comply with all rules and regulations for the time being in force at such places where the Feature and/or Programme is shot or recorded, and all television programme guidelines laid down by any regulatory body or broadcaster including all our Health & Safety policies.

3.7. You agree that we may in our sole discretion withdraw you from the Feature and/or disqualify you from any stage of the Feature and/or Programme itself and/or withhold or reclaim any prize or other benefit awarded or due to be awarded to you as a result of your participation in the Feature and Programme if: 

3.7.1. you engage in inappropriate behaviour (including, without limitation, being intoxicated, engaging in threatening behaviour and/or physical violence); 

3.7.2. you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us or the Broadcaster in any way including without limitation about your identity; 

3.7.3. you fail to abide by these Terms and Conditions or the rules and regulations of the Feature and Programme; 

3.7.4. you fail to abide with any of our other reasonable instructions or directions; 

3.7.5. by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or

3.7.6. you fail to meet the Eligibility Requirements. 

3.8. You agree to notify us of any changes to the circumstances and/or information and/or data provided as part of your Registration, including any criminal charges, investigations and/or convictions which are brought against you, during your continued participation in the Feature and Programme.

3.9. You are solely responsible for any cost associated with travelling to and attending the Location (if any).

3.10 You agree to indemnify us and our assigns and licensees against any and all claims, losses and/or damages suffered directly or indirectly by us as a result of the breach, non-performance or non-observance by you of any of your obligations and representations under your Registration including but not limited to any extra costs of production of the Feature and Programme.

4.            INTELLECTUAL PROPERTY RIGHTS

4.1. By making an attendance at one of the Location(s), you agree and consent to the filming and recording of you and your voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with your attendance for the Feature and Programme (“Contribution”) and the use of your Contribution in connection with the Feature and Programme in whole or in part or not at all.

4.2. You irrevocably grant and assign to us by way of present assignment of present and future copyright, all rights of any nature in and to the right, title and interest in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media in connection with the Feature and/or Programme or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adapt or translate the Contribution as we see fit.

4.3. You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your Registration for the Feature and/or as part of your Contribution (collectively referred to as the “Submission”) may be featured in the Feature and/or Programme and you warrant that you have the necessary licences, rights, consents and permissions to authorise us to use your Submission in full or in part. 

4.4. You grant us a worldwide, perpetual, royalty free and transferable licence (with the right to sub-licence) to use, edit, record, modify, translate, distribute, make available to others, prepare derivative works of and exploit your Submission by any medium or method whether now known or later developed throughout the world for the full term of copyright and other rights and all renewable and extension thereof. You agree to provide us with details of all such licences, rights, consents and permissions relating to the Submission if we so request.

4.5. For the avoidance of doubt, you agree that we have no obligation whatsoever to return any materials (including without limitation, the Submission) which you have submitted as part of your attendance at a Location whether or not you are selected as a Registered Attendee and that we are in no way obligated to use any such materials in connection with the Feature or the Programme. 

4.6. You grant us the right to use your name, voice, likeness, photographs and any biographical material and any Contribution or Submission concerning you in connection with the promotion and exploitation of the Feature and/or Programme and/or ancillary products/services and/or in connection with us and/or the Broadcaster, throughout the world in all media in perpetuity. 

4.7. You irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction in respect of any Contribution and/or Submission.

  1. LIMITATION OF LIABILITIES

5.1 We shall not be under any liability in respect of:

5.1.1 any expense or costs you incur by attending one of the Location(s); or

5.1.2. any claim for loss of publicity or opportunity to enhance your reputation notwithstanding the fact that we may delay or abandon production or exploitation of the Feature and/or Programme or the use of the Contribution (notwithstanding that we may have advertised the same) or terminate this Agreement; or

5.1.3. any loss or damage to your property whilst in transit to or from or whilst at places where you shall render the Contribution under this Agreement except to such extent if at all as we may be able to enforce a claim under any policy or insurance effected by us; or

5.1.4. any personal injury, ailment or your death arising out of or in the course of the engagement herein to the extent permitted by law and except to such extent if at all as the same was due to our negligence.

  1. HOW YOUR INFORMATION WILL BE USED

6.1    You consent to us collecting, using, disclosing and handling your Personal Information, which includes without limitation Sensitive Information (as defined in the Privacy Act 1988 (Cth)) for the following primary purposes: 

(a)          as part of the casting/audition process for the Programme;

(b)          to verify the information provided by or about you;

(c)           to confirm your eligibility and ability to participate in the Programme;

(d)          to enable you to participate in the activities contemplated under this Agreement;

(e)          in connection with the production, promotion, distribution and exploitation of the Programme for the duration of its broadcast and distribution and may be sent outside Australia for the same reason; 

(f)           if applicable, to provide to the Prize Supplier(s) for the fulfilment of any prizes and/or benefits won by you during participation in the Programme;

(g)          to deal with any questions or complaints relating to the Programme;

(h)          if we are legally required to disclose your Personal Information to comply with legal or regulatory obligations or requests, or where there is a professional right to disclose; and

(i)           to share with the Broadcaster, any other third party and/or the ITV Group (defined below) if we need to for any of the above purposes.

6.2          By entering into this Agreement, you consent to the information you provide being used for the above purposes.

6.3          You agree that if you do not provide us with your Personal Information, or if your Personal Information is incorrect or incomplete, then you may be unable to participate or continue to participate in the Programme.

6.4          We will only contact you about future series of the Programme and other shows produced by us if you have specifically consented under the section of your Application Form for the Programme headed “Future Contact”.

6.5          You may access the Personal Information we hold about you and correct Personal Information that is inaccurate or, to the extent practical, request its deletion (although deletion may be impractical in certain circumstances and/or remove your eligibility to be part of the Programme). 

6.6         With some personal information, for example where it is held on Programme tapes, it is not practical to provide this information to you without charging an appropriate fee (as we deem fit in the circumstances) and it is not possible to remove information on programme tapes and other media once you have participated in the Programme, including after it is filmed and recorded (if you have participated in the Programme). 

6.7         You can contact us in writing in one of the following ways:

By email at privacyofficeraus@itv.com; or

By letter to:

The Privacy Officer
ITV Studios Australia Pty Ltd
Building 61, Fox Studios Australia
38 Driver Avenue
Moore Park  NSW  2021
Australia

6.8      If you wish to complain at any time about the handling, use of, or disclosure of your personal information in breach of the APPs you may contact us in one of the ways listed above.  We will make every effort to investigate your complaint in a timely manner and will advise of the outcome.  

  1. CONFIDENTIALITY

You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us, the Feature or the Programme or anyone taking part in it, which comes to your knowledge as result of your participation in the Programme and Feature (if any). The foregoing will not include matters already in the public domain (other than by way of your breach of this Clause).

  1. MISCELLANEOUS

8.2. Should there be a dispute regarding your participation in the Feature or Programme our decision on this dispute shall be final. 

8.3. You agree that we may freely assign or licence your Registration (including these Terms and Conditions).

8.4. Your Registration and any non-contractual obligations arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of that State to settle any dispute or claim that arises out of or in connection with the Registration or its subject matter.